Data Protection Act 2018

Section 86

SCHEDULE 9 Conditions for processing under Part 4

1 The data subject has given consent to the processing.

2 The processing is necessary—

(a) for the performance of a contract to which the data subject is a party, or

(b) in order to take steps at the request of the data subject prior to entering into a contract.

3 The processing is necessary for compliance with a legal obligation to which the controller is subject, other than an obligation imposed by contract.

4 The processing is necessary in order to protect the vital interests of the data subject or of another individual.

5 The processing is necessary—

(a) for the administration of justice,

(b) for the exercise of any functions of either House of Parliament,

(c) for the exercise of any functions conferred on a person by an enactment or rule of law,

(d) for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or

(e) for the exercise of any other functions of a public nature exercised in the public interest by a person.

6 (1) The processing is necessary for the purposes of legitimate interests pursued by—

(a) the controller, or

(b) the third party or parties to whom the data is disclosed.

(2) Sub-paragraph (1) does not apply where the processing is unwarranted in any particular case because of prejudice to the rights and freedoms or legitimate interests of the data subject.

(3) In this paragraph, “third party”, in relation to personal data, means a person other than the data subject, the controller or a processor or other person authorised to process personal data for the controller or processor.